The court clarified the principles of implementation of reservations for women candidates and the interplay between vertical and horizontal reservations, emphasizing the eligibility for recommendation based on merit.

JUDGMENT

Sashikanta Mishra, J. - Pursuant to an advertisement issued by Odisha Public Service Commission (OPSC) on 19.08.2006 for conduct of Odisha Civil Services Examination, 2006 for recruitment to different posts/services in Category -I and II of Odisha Civil Services, the petitioner submitted her application. Having qualified in the preliminary test, the petitioner was called upon to appear in the main examination held from 22.07.2009 to 20.08.2009. The petitioner claims to have been successful in the main written examination. She was called upon to attend Personality Test (Viva Voce). The final merit list of successful candidates was published but the petitioner's name did not appear therein. The petitioner sought for information from the OPSC on 29.05.2010 to furnish the category-wise details pertaining to cut off marks for Unreserved (UR) and SEBC category and the marks secured by the last UR and SEBC successful candidates.

The said request was however turned down by the OPSC. It is stated that the petitioner is a woman category and is therefore entitled to be considered within the 33.33% reservation for women. The number of posts advertised was 380 but 378 persons were declared successful. According to the petitioner, 50% of the total advertised posts being 190, 63 posts were required to be reserved for women being to the extent of 33.33%. It is also stated that originally the percentage of reservation for a SEBC candidate was 27% but in view of certain litigations and order passed by this Court the said quota was reduced to 11.2%. According to the petitioner, 21 posts thus reserved for SEBC ought to have been added in the UR category in which event the posts reserved for women category would have been increased from 63 to 69. On such facts, the petitioner approached erstwhile the Odisha Administrative Tribunal seeking the following relief:

'In view of the facts mention in paragraph-6 above, the applicant prays for the following relief(s).

Under the above circumstances, it is therefore, humbly prayed that this Hon'ble Tribunal be graciously pleased to direct the opposite party no.2 to recommend the names of the petitioner to the opposite party no.1 under unreserved women category since there is no proper representation in the said category. The petitioner has qualified both in the main written examination and as well as the personality test and to the best of the information/knowledge of the petitioner, the petitioner's position comes within the said merit list.

And this Hon'ble Tribunal be pleased to direct the opposite parties to divert the left out 21 posts, which were kept for SEBC pertaining to the said recruitment examination, to the General category as per the decision made by this Hon'ble Tribunal and as well as by this Hon'ble High Court that for SEBC category, the reservation fixed to 11.25 % and the excess reservation made for SEBC was diverted from un-reserved category post.'

The said Original Application has since been transferred to this Court and registered as the instant Writ Petition.

2. Counter affidavit has been filed by opposite party no.1, wherein it is stated that 33.33% reservation for women out of 190 UR category comes to about 62. Out of such 62 posts, some SC, ST, SEBC/OBC candidates were selected by OPSC and given appointment in view of the principle that UR vacancies are open to all categories of candidates.

3. Counter affidavit has been filed by OPSC (opposite parties No. 2 and 3). It is specifically stated in the counter that the name of the applicant (petitioner) was not recommended by the Commission in the selection list sent to the Government due to her lower position in the final merit list. Referring to the Government Circulars dated 23.07.1997 and 15.03.1999, it is stated that the UR vacancies are open to all category of candidates.

Accordingly, the Commission, recommended names of suitab